Archive for the ‘Trial Advocacy’ Category

Jill Trumbull-Harris, Story Teller

April 20, 2009

“Oh what a wicked web we weave

When first we practice to deceive”

“But then when we have practiced quite a while

how vastly we improve our style”.

“Success at trials can be child’s play

when willing to lie to win the day.”

When Little Jill and her Professor wrote the book on Mock Trials, even though she was not yet a lawyer, the authors were very careful to describe the need to be ethical while developing the story to be told at trial. There was not even a hint that a Lawyer or Law Student should ever tamper with witnesses or evidence or suborn perjury. Their method allows for being selective in the evidence and witnesses presented in support of the story, but officially frowns on truly unethical acts.

In some cases it’s really not necessary to alter the story of a person who wants to be the hero in saving the community from some dastardly villain. Once the hero learns the most important facts (which can be transmitted by a skillful interviewer who is guiding the questioning with smiles and frowns), a smart hero will pick up on the story he is supposed to tell and adapt his story accordingly so he can remain the hero.

Our Technician who discovered the kiddie porn on the computer didn’t need much guidance to develop a story compatible with the story Little Jill was trying to develop. Initially he kept on trying to tell his version of the truth at the suppression of evidence hearing but did manage to get most of his “facts” in line with the story by trial.

The biggest flaw was that he was testifying way beyond his scope of expertise. Mr Aloyo described himself as an A+ certified entry-level technician who works in a position to diagnoses and repairs computers. In no way does this qualify him to testify on the nature, appearance or cause of popup windows and browsers. Yet he said that the porn was on a browser and not a popup. Aloyo has no proven or even self proclaimed expertise in scripting for the Internet so could not make that determination. He assumed, as an armature might, that a popup is one of those miserable advertising boxes which can only be closed by clicking on the “X” in the box on the upper right. In fact the javascript code to open a whole new window involves changing the word “no” to “yes” seven times which is certainly no great programming feat. So the same code that creates advertising popups also can be used to create spawned porn browsers.

The code for a pornloader can be found here. It is not the best, it is not the worse, it is simply one that works and proves that full fledged browser can be made to pop-up all over the place. There are no porn pictures of any type used in this demonstration. It is completely safe (although annoying) and will also prove that pop-up pages do register in index.dat files and that images will be stored in cache image folders whether you requested the images or not. When browser pages load in the index.dat file you can’t tell for the most part whether it was a spawned browser, someone clicked a link or someone typed in a URL. (For this demonstration to work, the popup blocker must be turned off.)

I don’t believe Little Jill asked Aloyo to lie, I believe it just came easy for him with a little guidance from Jill.

Jill Trumbull Harris, the Pied Piper of Witnesses

April 7, 2009

You really should check the original version of both the Pied Piper Story and Trial Advocacy to see how close I stick to the title. I will get to the Pied Piper in a moment, but a pretty close description of trial advocacy is presented as it was written by Jill Trumbull Harris in a previous post.

Now her story told about Stephano was 100% consistent. The old man lived in a pig sty that only a mentally ill person could endure. He lived alone and spent every waking moment typing in URL’s of kiddie porn sites where he intentionally downloaded 40,000 porn pictures of which, 600 were readily identified as kiddie porn. This deranged 64 year old man took time to learn everything about computer security in the two months he owned the machine, his machine was fully protected and he never got hit by pornloaders or was unintentionally redirected to a site which had kiddie porn. He was just a disgusting dirty old man who liked looking at kiddie porn and if he would stop, no one would ever molest a child again as there would be no profit motive if people stopped paying for porn.

Now the problem with the story is that it never fit the facts. Obviously this deranged old man had no credit cards or memberships at pay per view sites and never used a chat room. But some evidence was on Jill’s side and that was the pictures. Every time the defense would discredit her case, she would show a few hundred really nasty pictures and the video of the horrific dump Stephano lived in. Over and over the jury was told that possession of only one picture was a criminal offense but he possessed 600. Now if the story were tried strictly on the thesis, it would be tough to beat. Unfortunately, there was a complete body of evidence that contradicted her story.

According to Jill, it is permissible to minimize evidence and contradict witnesses when they contradict your story as long as it’s done in an ethical manner. However, the question which will be explored is about suborning perjury under the guise of Homeland Security and the Protected Critical Information Infrastructure Act.

Now as the Pied Piper, Jill Trumbull Harris came to St. Croix to protect the community from perverts if only the witnesses would help her develop her story and remember things her way. It’s hard to know what siren song she sang that mesmerized her witnesses it to mindlessly following her story line and failing to tell the simple truth when asked a direct question.

It appears that Stephano’s attorney has finally presented an appeal that leaves the judge with a Faustian dilemma. The appeal is based on blatant and provable perjury. If he grants the appeal, perjury charges should follow and be directed at federally employed agents and expert witnesses.

Now Jill got a promotion and is probably above the law so it will be interesting to see who is blamed for the perjured testimony. However like the Pied Piper she will flee our community forever and leave us with memories of  her dastardly deed.

Why Fuck Wade Rowland Sanders?

April 1, 2009

Who is this man and why did he plead guilty to Child Pornography?

He was a U.S. Navy Swift boat captain during the Vietnam War, where he earned the Silver Star, Bronze Star and Purple Heart. He retired from the U.S. Navy as a captain. He was chosen by fellow Swift boat veteran John Kerry to introduce him at the 2004 Democratic Convention, when the Senator accepted the presidential nomination.

Previously, he entered the 2000 congressional race in a San Diego district, but withdrew citing lack of funding. He also served as the senior adviser to California Lt. Gov. John Garamendi for Veterans and Military Affairs until the time of his arrest, according to the U.S. Attorney’s office. He was also in the Clinton administration as a deputy assistant secretary of the Navy.

When Garamendi’s office announced his appointment in July 2007, it said he was a practicing lawyer and a community activist. “He is a member of the San Diego Police Department Senior Oversight Committee and has served on many non-profit boards,” the lieutenant governor’s office said.

His name is Wade Rowland Sanders.

FBI agents raided Sanders’ home last May after they suspected his home Internet service account was used to download several pictures and a video showing underage girls having sex with adult men, according to an investigator’s sworn statement. “Sanders admitted that he had downloaded child pornography using the program Limewire but that he deleted the files once he noticed that they had been downloaded,” FBI Special Agent John Caruthers said.

Now for those who don’t know, Limewire is a very insecure file sharing program. A remote attacker can request and read any file on a host running an affected version of Limewire. The files accessible to a remote attacker include all of the user’s private, local files, and any file on the machine if the user has administrator privileges.

In plain English, it doesn’t matter what a person does to delete a file after it’s been downloaded. There is probably a record in the download file and and another in a Temp file where it was viewed after downloading. It doesn’t take a genius to move a file from the Temp file to the “My Documents” folder so any computer personnel for FBI or Home Land Security could make the transfer.

A search of Sanders’ computer found the child porn files saved on his hard drive in two “My Documents” folders. Which is certainly not the default storage place for Windows.

Wade Rowland Sanders admitted to having 600 images of minors on his computer, including a video depicting “several prepubescent females engaged in sexual conduct with an adult male and performing oral sex on one another,” according to a statement from U.S. Attorney Karen Hewitt.

When Sanders, 67, is sentenced on March 30, he could get up to 10 years in prison and be ordered to pay a $250,000 fine.  The minimum sentence for the charge is five years with supervised release for his lifetime and registration as a sex offender, the prosecutor said.

Now a couple of items are strange. The 600 images are about the same number as the Stefano Computer and these are the easiest to find as they are all hashed and archived in the National Archive of Kiddie Porn Pics. Like any other celebrity prosecution by the government, they picked a pillar of the community who is a veteran and had a noble career (like Stephano). I don’t know what Sanders did to become an enemy of the Bush administration but am getting a better idea of what Stephano did.

So why did he plead guilty of possession?

Kiddie porn is such a heinous crime that once you are charged and a story about you developed by an all powerful government, you have no defense. You may as well crawl in a hole in the ground and die. Just plead guilty and done.

As a footnote to planted evidence, this method is far cleaner than the one used against Stephano. In his case, Agent Carter went on line with Stephano’s computer and surfed known kiddie porn sites. He then went to hidden files which were beyond the technological grasp of Stephano and copied the pictures in order to support a warrant to seize the computer and gather evidence that there were 600 pictures in hidden files in cache memory. All in all a pretty primitive method to plant evidence.

In the case of Mr. Sanders, he downloaded a movie from a honeypot which he found offensive enough to delete. Somebody went to the Temp files and moved it into “My Documents” where it was available to a casual observer without going on line.

Oh well Life sucks and then you die.

American Justice

March 28, 2009

In my youth, I would rather run wild in the woods than watch Television but on rainy days or when it was too dark and cold in winter to be outside, there were books and Television. One family favorite was Perry Mason that intrepid seeker of truth who was part detective and part Defense lawyer who got his clients off by seeking the truth and inevitably finding the guilty party.

Well, this vision is pretty much bullshit in our modern world. Law is no longer about a noble lawyer in a battle to learn the truth. It is a combative blood sport played by pugnacious lawyers out to win at all cost. The outcome of the trial is not a matter or guilt or innocence but simply a battle to tell the most believable story and score a win for the story teller. The fact that justice may or may not be served is somewhat irrelevant.

The art of story telling is so important that it is now taught in law schools all over the nation and there is  a national ranking of law schools that teach Trial Advocacy or how to develop a detailed story which will allow you to win your case.

Now the following brief description of the new system of American Justice is very jaded:

Each party to a trial has the opportunity to tell a story…The person who succeeds in telling the most persuasive story should win….Devising the story you tell at trial is a creative process since the facts in the case file will almost always be subject to multiple interpretations. To imagine the most persuasive trial story, imagine a series of alternative scenarios and assess each for its clarity, simplicity, and believability..

This is a pretty disgusting view of American Justice but it’s exactly that taught by Prosecutor, Jill Trumbull-Harris, as she wrote the book with a coauthor and that’s a quote from page 19 of the book. It’s easy to see how this attitude would corrupt the justice system especially when used by the government prosecutor in a trial. An overbearing government can coach witnesses, include or disallow evidence and tell any story they want with impunity. (I mean who polices the police or prosecutes the Prosecutor?) The job of the government is no longer to solve the crime and seek justice but to tell the best story and win the case.